- (1.) This petition relates to partition proceedings under the Punjab Land Revenue Act, 1887 (hereinafter referred to as the Act) in respect of 440 kanals 19 marlas of land situated at village Kulgarhi, Tehsil and District Ferozepur. The petitioners are Jagraj Singh, Gurbachan Singh and Harnek Singh sons of Suba Singh. Suba Singh had a fourth son Shamsher Singh who pre-deceased him. Harpal Kaur widow of Shamsher Singh and Harpal Kaur's five children Sarbjit Kaur, Sukhchain Singh, Amarjit Kaur, Iqbal Kaur and Manjit Singh are also petitioners with their father's brothers. Suba Singh's widow Bachint Kaur too is a petitioner. Therefore, the petitioners are the widow, three sons of Suba Singh and the widow of a pre-deceased son along with her five children. The contesting respondents are Sukhjinder Singh, Harnek Singh, Gurnek Singh and Charanjit Singh sons of Bhag Singh, who have been arrayed as respondents 3 to 6. Remaining respondents 7 to 22 have been deleted from the array of respondents.
(2.) The contesting respondents had filed an application under Section 111 of the Act for partition of 440 kanals 19 marlas land. The mode of partition was determined and according to the plan of partition, the contesting respondents' share came to 26 kanals. The remaining land came to the share of the other co-owners. Consequently, partition was carried out vide order dated June 4, 1982 (Annexure P/1) passed by the Assistant Collector 1st Grade, Ferozepur. Suba Singh's family was not satisfied, therefore, they took the matter in appeal before Collector, Ferozepur. The Collector, vide order dated July 21, 1982 (Annexure P/2) came to the conclusion that the appellants before him had not been properly served and had been wrongly proceeded against ex-parte. Therefore, the order of the Assistant Collector 1st Grade dated June 4, 1982 was set aside and the matter was remanded back to him with a direction that he may afford a proper opportunity to the appellants (Suba Singh's group) to produce evidence and thereafter pass a fresh order. This order of the Collector, Ferozepur, dated July 21, 1982 was challenged before the Commissioner, Ferozepur by Bhag Singh's sons. The appeal was accepted by the Commissioner on October 11, 1982 (Annexure P/3) and the order of the Assistant Collector 1st Grade was maintained. Sube Singh's group took the matter to the Financial Commissioner in revision which was dismissed on October 14, 1985 (Annexure P/4). Thereafter they filed the present writ petition on January 14, 1986 challenging the order passed against them. The sole ground of challenge was that the petitioners had not been served. Therefore, the partition of the joint holding was illegal.
(3.) In support of this contention, the learned counsel for the petitioners has argued that there was no evidence to show that either the petitioners had been personally served or through proclamation. There was nothing on the record to show that a proclamation had been issued. Furthermore, there was nothing to show that they had ever been personally served. Notice for service by proclamation was marked by the Tehsil jamadar to the peon on April 19, 1982 and it was sent to the Court on October 21, 1982. There was no date on the notice indicating when the proclamation was done. There was no report of the peon concerned on the said notice, therefore, it showed that no proclamation was done by beat of drum. In the absence of a valid notice, partition proceedings were invalid, illegal and not binding on the petitioners.;